The National Green Tribunal asked Volkswagen (VW) India on Friday why fine shouldn't be imposed on it for allowing around 3.14 lakh "polluting" vehicles to ply on the roads more than a year after it undertook to recall them.
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Trials in the US showed Volkswagen had installed a software in cars which allowed them to fudge emissions during tests. The Automotive Research Association of India (ARAI) too conducted tests on some VW models and found three to nine times more NOx emissions on the road compared to test conditions.
The bench said, "...The company has...offered voluntary recall... which are a subject matter of these proceedings on an EA189 diesel engine...( but) the process of recall is not complied with".
It asked VW and ARAI to submit a roadmap for the recall. Following the tests, Volkswagen India had undertaken to rejig the software by recalling around 3.14 lakh vehicles which were in alleged violation of emission norms.
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Of these, only 1 lakh have been recalled so far, said Sanjiv Ailawadi who is representing petitioner Saloni Ailawadi. The bench asked VW and the Automotive Research Association of India (ARAI) to "file roadmap with regard to recalling of the vehicles in question. We direct ARAI to file a submission with regard to the present status of the recall programme."
The tribunal also asked why costs shouldn't be imposed over the delay. "The tribunal has made it clear that environmental costs may be imposed for the delay and violations," Sanjiv Ailawadi said.
Lawyers representing VW sought to explain the delay, saying ARAI, which is being consulted on the redesign of the software, had approved it for only 70% of the 3.14 lakh vehicles.
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ARAI, on the other hand, said VW had submitted redesigned software for only 70% and was yet to do so for the remaining 30%. In a statement, Volkswagen India said its cars in India were in compliance with the BS IV emission norms.
"We are in the process of implementing a voluntary recall of vehicles fitted with EA 189 diesel engines in India. We are cooperating with the concerned agencies and putting our best endeavours to conclude the recall process soon. We have received approvals for 13 out of 16 types of vehicles that are eligible for the voluntary recall," it said.